1. QAZI MUHAMMAD AMIN AHMED, J:-. Sobia Bibi, 25, henceforth referred to as the deceased, was stabbed to death on 1-6-2013 at 10:15 p.m. in her parental house where she resided after failure of her marriage with one Muhammad Altaf; the appellants along with Muhammad Waqas were arrayed as accused; the last was substituted with Abu Bakar accused (since acquitted).
2. Prosecution case is structured upon application (Ex.PH) presented by Faiz Muhammad (PW-4) before Ahmad Hassan SI (PW-8), 11:50 p.m. in the hospital. It is alleged that the complainant was present in his house with Mukhtar Ahmad and Manzoor Ahmad PWs when the deceased attended a knock at the door; as she opened the door, the accused barged into the house; they subdued the deceased and took her in a room where Zavison appellant dealt her multiple dagger blows while she was clutched by Mohsin appellant; the third accused armed with a pistol kept the witnesses at bay, however , they succeeded to overpower Mohsin appellant on the rooftop while Zavison jumped therefrom; he too was apprehended with a broken leg; the third assailant vanished in the darkness. Deceased succumbed to the injuries while on way to the hospital. Motive for the crime is complainant' s refusal to a proposal by Zavison for dece ased' s hand. Motorbike used by the accused was also taken over by the witnesses.
3. Autopsy was conducted at 12:30 a.m. same night; entire body on frontal side involving head, shoulder, arms, chest, clavicle region and knee joint was found riddled with multiple stab wounds with an injury on the back of middle upper chest, penetrating into thoracic cavity; multiple injuries under ten headings are noted, caused by a sharp edged weapon within preceding 9 to 12 hours; duration between injuries and death is estimated as within few minutes. Injuries on head, right and left chest below clavicle proved fatal, as these collectively generated hemorrhagic shock, sufficient to cause death in the ordinary course of nature; the Medical Officer took vaginal swabs for analysis. On forensic side, earth secured from the spot as well as dagger (P-1) were stained with blood of human origin; without seminal traces, swabs were found clean.
4. Zavison appellant was medically examined by Dr. Hamid Hassan (PW-2) on 2-6-2013 at 2:45 p.m; he was noted with four injuries comprising abrasions and bruises, referred for radiographic exam ination, lower end of fibula was noted with a fracture. Mohsin appellant was also medically examined same day with a complaint of pain in his head; the Medical Officer noted a swelling around the eyes. The examinees endured violence within preceding more than 12 hours.
5. In the wake of appellant' s arrest at the crime scene with weapon (P-1), the complainant re-named the third assailant as Abu Bakar; he was arrested on 20-2-2014; they contested indictment and claimed trial, pursuant whereto, prosecution produced as many as thirteen witnesses to drive home the charge. Prosecution case is primarily hinged upon the testimony of Faiz Muhammad (PW-4) and Mukhtar Ahmad (PW-5); they furnished graphic details of the occurrence by elaborating prosecution case, set up in the crime report. The appellants confronted prosecution evidence with a unanimous denial. Zavison claimed a soft space in deceased' s heart to the annoyance of her parents as a motive behind his false implication whereas Mohsin appellant alleged his acquaintance with the principal accused as a reason for his being in the array . Acquitted co-accused Abu Bakar alleged exchange of hot words with the complainant as a factor behind his nominat ion in lieu of Waqas co-accused initially named in the crime report; he has been acquitted from the charge, however , the learned trial Judge proceeded to convict and sentence the appellants vide impugned judgment dated 21-5-2015; detailed as under:- Zavision appellant Under Section 302(b) PPC, sentenced to death with payment of Rs.500000/- as compensation Under Section 449 PPC, sentenced to 5 years RI with fine of Rs.50000/- or to undergo 3 months SI in the event of default Mohsin appellant Under Section 302(b) read with section 34 PPC, sentenced to imprisonment for life with payment of Rs.500,000/- as a compensation.
6. Under Section 449 PPC, sentenced to 5 years RI with fine of Rs.50000/- or 3 months SI in the event of default, with benefit of section 382-B Cr .P.C.
7. Criminal Appeals Nos. 276 and 289 of 2015 by the convicts and Murder Reference No.38 of 2015 by the State, bearing a common thread are being decided through this single judgment.
3. Learned counsel for Zavison appella nt contends that position taken by him that he was sent for by the complainant during the fateful night sounds more plausible than the prosecution case set up in the crime report and, thus, the learned trial Judge ran into error in preferring prosecution evidence to return a guilty verdict; he has vehemently referred to the confusion in nominating Waqas accused subsequently substituted with Abu Bakar co- accused to argue that incident being a night affair, the witnesses were not certain about the identity of the assailants; he blamed the complainant for murdering his own daughter to involve the appellant; alternately he has prayed for alteration of death penalty into imprisonment for life. Mr. Farooq Haider Malik Advocate learned counsel for Mohsin appellant, at State expense, adopting arguments additionally contends that even on stated facts, the appellant had no axe to grind with a view to accompany Zavison and according to him, if at all, it is contrarily believed, there is nothing to suspect him being in the community of intention on the charge of homicide; the bottom line is that he can only be held responsible for trespass and nothing beyond. The learned counsel has drawn attention to medico legal certificate (Ex.PE) to maintain that it is far from being sufficient to establish appellant's presence at the crime scene, who according to him, is being hounded on account of his acquaintance with the principal accused; it is lastly argued by both the learned counsel that acquittal of Abu Bakar goes a long way to cast its shadow upon the entire case as the witnesses, partially disbelieved, cannot rescue the charge.
8. Learned Law Officer assisted by learned counsel for the complainant has contrarily defended the impugned judgment on the ground that both the appellants were arrested at the spot, one with extensive injuries involving fracture of a bone and thus, their participation in the crime and apprehension at the spot in the manner as mentioned in the crime report is not open to any doubt. According to the learned Law Officer, witnesses being natural with no animus, furnished a straightforward and confidence inspiring account of the events, coming about inside their abode have rightly been believed by the learned trial Court. Nomination of Waqas instead of Abu Bakar co-accused is viewed by the Law Officer a bonafide mistake in the wake of his escape from the scene, in a crisis situation, and, thus, inconsequential qua the culpability of the appellants, otherw ise firmly structured on strong foundations. Magnitude of violence and brutality suffered by the deceased for no fault or provocation on her part has been pressed into service for confirmation of death penalty , particularly in view of forensic findings of clean swabs that vindicated deceased' s status as Masoom-ud-Dam , callously done to death in her prime youth in the safety of her home.
4. Heard. Record perused.
5. Motive for the crime is a grudge harboured by Zavison appellant for his failure to marry the deceased, a woman of his choice. The witnesses are unanimous in their formulation of motive without there being any serious contest; on the contrary, the defence has suggested deceased's inclinations for the appellant, a position that in retrospect extends support to the motive, positively asserted during the trial an, thus, it can be safely inferred on the basis of position taken by the appellant during cross-examination upon the complainant, conveniently referred to as below:- "It is incorrect to suggest that Sobia Bibi liked Zavison accused"
9. Certainly , it is for the prosecution alone to prove each limb of the case on its own without borrowing extracts from defence positions, nonetheless, the above assertion reflects an acquaintance between the appellant and the deceased that can be squarely correlat ed with the motive alleged by the prosecution, without offending any principle of law. Possessive and monopolistic designs upon woman is not a rare phenomena in a culture pervasively , ingrained with gender chauvinism. Defence plea that the deceased was done to death in that brutal manner by the family itself is preposterous to say the least, particularly in view of appellant's apprehension at the spot.
10. Both the eye witnesses are in a comfortable unison on all the salient details of the gory incident; Faiz Muhammad complainant being an inmate is a most natural witness; he has no earthly reason to swap real offenders with the appellants; presence of Mukhtar Ahmad (PW-5) a son-in-law residing in the same village cannot be viewed as unusual or improbable; their narratives inspire confidence; defence plea that the deceased was done to death by the family itself does not synchronize with the incident of events leading to appellant's apprehension at the spot during the occurrence; if at all, the witnesses were outraged by any provocative encounter involving the deceased, the appellants could not have escaped their wrath, particularly when they were at their mercy. Javison appellant was noted with abrasion and bruises of trivial dimensions; the fracture of leg involving fibula under a bruise measuring 1 x 1 cm cannot be possibly result of heavy blunt impact; the only other possibility is a fall from some height, as suggested in the crime report. Presence as well as arrest of Mohsin appellant is yet another circumstance that rules out possibility of a surreptitious visit by Zavison, marred by surprise. Deceased after her divorce was leading a celibate life and it is so confirmed by forensic analysis of vaginal swabs that conclusively vindicates her virtue.
11. Durations between occurrence, information to police and autopsy reflect a remarkable promptitude excluding possibilities of manipulations or consultations. Occurrence took place at 10:15 p.m; police station is at a distance of one kilometer , the deceased is shifted to the hospital by the eye witnesses where application (Ex.PH) is received at 11:50 p.m. followed by autopsy at 12:30 a.m. In such a small interregnum even a most accomplished wily would find it difficult to create a perfect subterfuge without lacunae; it is certainly not expected from a simple villager confronting an unanticipated crisis to manipulate the ploy as suggested by the defence; he would certainly be the last person to select his home as a venue for perennial embarrassment. Even a most cautious analysis of prosecution evidence does not admit any hypothesis other than appellants' guilt; they have rightly been convicted.
12. Acquittal of Abu Bakar co-accused initially suspected as Waqas is in accord with principle of safe administration of criminal justice and as such does not tremor prosecution case qua the appellants, squarely framed on all fore. Crl.
13. Appeals Nos. 276 and 289 of 2015 fail. Insofar as quantum of sentence to be exacted from the appellants is concerned, the learned trial Court has rightly settled the issue. Deceased was in her prime youth; though reasons behind failure of her marriage with Muhammad Altaf are not available and as such cannot be conjectured to appellant's detriment, nonetheless, his compulsive attitude could be a possible cause behind drifting the marriage on the rocks; it did not end there and cost the poor soul her life as well, that too, in a manner most shockingly violent, thus, in circumstances penalty of death cannot be viewed as an unconscionable wage. Murder Reference No.38 of 2015 is, therefore, answered in the AFFIRMATIVE and death sentence is CONFIRMED. Sentence awarded to Muhammad Mohsin appellant is also maintained.